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In re: Maria A. Basave de Guillen
Notice of Delinquent Assessment Lien, which purported to secure future assessments, was impermissible under the Davis-Stirling Act, which limits the lien to the amount specified in the notice.
Bankruptcy BAP Sep. 4, 2019
Moore v. Wells Fargo Bank, N.A.
Because Unemployment Program Forbearance Plan Notice modified deed of trust and note, the contract documents, as modified, were ambiguous; thus, remand was warranted.
Contracts 3DCA Sep. 3, 2019
Collins v. Thurmond
Appellants' state equal protection claim survived due to evidence of disparate impact, but their federal equal protection claim failed due to lack of sufficient allegations of discriminatory motive.
Constitutional Law 5DCA Sep. 3, 2019
Modification: Collins v. Thurmond
Appellants' state equal protection claim survived due to evidence of disparate impact, but their federal equal protection claim failed due to lack of sufficient allegations of discriminatory motive.
Constitutional Law 5DCA Sep. 3, 2019
Quidel Corporation v. Superior Court (San Diego)
Business and Professions Code Section 16600 does not invalidate all contractual noncompete provisions, outside the employment context; thus, summary adjudication was not appropriate.
Business Law 4DCA/1 Sep. 3, 2019
People v. Force
Prosecutors are not allowed to engage in conduct that undermines the willingness of a defense witness to take the stand by making comments about the prospect of perjury before trial.
Criminal Law and Procedure 4DCA/3 Sep. 3, 2019
People v. Hall
Defendant made no claim of error to trial court, either at time of sentencing or after, as required by Penal Code Section 1237.2; thus claim was dismissed.
Criminal Law and Procedure 2DCA/8 Sep. 3, 2019
Conservatorship of M.M.
Welfare and Institutions Code Section 5350's time limitations are not mandatory, but directory; therefore there are no consequences for failing to begin trial within the statutory period.
Conservatorship 2DCA/8 Sep. 3, 2019
Conservatorship of D.C.
Despite trial court's failure to state specific factors underlying its order for involuntary medication, substantial evidence supported the order such that no reversible error occurred.
Conservatorship 2DCA/8 Sep. 3, 2019
Jeffra v. Cal. State Lottery
Although his claims arose from protected activity, plaintiff provided sufficient evidence that his claim for retaliation under the California Whistleblower Protection Act had at least minimal merit, defeating defendant's anti-SLAPP motion.
Anti-SLAPP 2DCA/8 Sep. 3, 2019
Precision Framing Systems Inc. v. Luzuriaga
Under Civil Code Section 8414(a) if a mechanical lien is filed before the contractor has ceased work, the filing is considered premature and the mechanical lien is void and unenforceable.
Civil Procedure 4DCA/2 Sep. 3, 2019
U.S. v. Chi
Elements of 'bribery of a public official' were included in South Korean Criminal Code Article 129, so it fell within 18 U.S.C. Section 1956(c)(7)(B)(iv) and qualified as an offense against a foreign nation.
Criminal Law and Procedure 9th Sep. 3, 2019
Capp v. County of San Diego
Defendant not entitled to qualified immunity because plaintiff pled a plausible First Amendment retaliation claim; thus, district court's dismissal reversed in part.
Constitutional Law 9th Sep. 3, 2019
OTO L.L.C. v. Kho
Arbitration agreement was unconscionable due to substantial procedural unconscionability based on coercive circumstances surrounding its execution, and sufficient substantive unconscionability based on its one-sided impacts on the signatory employee.
Arbitration CASC Aug. 30, 2019
Pitzer College v. Indian Harbor Insurance Co.
California's common law notice-prejudice rule is a fundamental public policy for the purpose of choice of law analysis; thus, case remanded to determine whether notice-prejudice rule applies.
Civil Procedure CASC Aug. 30, 2019
In re Vaquera
Under Section 667.61, a pleading itself is a valid form of notice if it alleged facts sufficient to give the defendant fair notice of the alleged crime and sentence enhancement.
Criminal Law and Procedure 4DCA/3 Aug. 30, 2019
Conservatorship of K.P.
Lanterman-Petris-Short Act Section 5352 permits treatment facilities to initiate conservatorship proceedings when admitting an uncooperative patient and is not considered an element for jury instruction.
Civil Procedure 2DCA/2 Aug. 30, 2019
De la Carriere v. Greene
Defendant obtained affirmative relief on cross-complaint and obtained greater relief in the action despite plaintiff's post-judgment success, so defendant was prevailing party for Civil Code Section 1717 fee award purposes.
Civil Procedure 2DCA/8 Aug. 30, 2019
In re R.C.
'Concealed' in context of Penal Code Section 647(j)(3)(A) can take on various plain meanings, and defendant's argument attempting to apply only one meaning was unpersuasive.
Criminal Law and Procedure 2DCA/4 Aug. 30, 2019
Lopez v. Bartlett Care Center, LLC
Resident-Facility Arbitration Agreement was properly found unenforceable due to unconscionability, and the court deferred to the trial court's credibility determination favoring plaintiff in the face of conflicting evidence.
Arbitration 4DCA/3 Aug. 30, 2019
Bustos v. Wells Fargo Bank, N.A.
Under Section 2924.12(h) of the California Homeowner Bill of Rights attorney fees and costs may be awarded when a prevailing borrower obtains temporary or permanent injunctive relief.
Remedies 3DCA Aug. 30, 2019
People v. Buchanan
Trial courts have discretion to impose concurrent sentences for multiple serious or violent felonies against a single victim if they were committed on the 'same occasion.'
Criminal Law and Procedure 1DCA/5 Aug. 30, 2019
Lopez-Aguilar v. Barr
Order
9th Aug. 30, 2019
Animal Legal Defense Fund v. USDA
5 U.S.C. Section 552(a)(4)(B) provides district courts with authority to order agency to post records in online reading room; thus, dismissal of Freedom of Information Act claim reversed.
Administrative Agencies 9th Aug. 30, 2019
Modification: In re Ricardo P.
Because there was no indication that defendant used or will use electronic devices in connection with any illegal activity, record was insufficient to justify substantial burdens imposed by electronics search condition.
Criminal Law and Procedure CASC Aug. 30, 2019
Franco v. Greystone Ridge Condominium
Arbitration agreements retroactively apply to claims filed before the signing of the arbitration agreement, when the agreement is clear and no qualifying language limits its applicability.
Employment Law 4DCA/3 Aug. 29, 2019
Benton v. Benton
Code of Civil Procedure Section 425.17(e) provides that denial of a special motion to strike an anti-SLAPP complaint because the action is exempt under that section, may not be appealed.
Anti-SLAPP 4DCA/2 Aug. 29, 2019
Rodriguez v. Workers' Comp. Appeals Bd.
Government Code Section 21174, not Section 21171, provides the applicable time limitation for a CalPERS member to request determination of industrial causation, and petitioner complied with this time limitation.
Workers' Compensation 6DCA Aug. 29, 2019
People v. Cadena
Defendant's life sentence violated constitutional prohibition against cruel or unusual punishment when defendant briefly touched minor victims over their clothes, was remorseful and had no prior criminal history.
Criminal Law and Procedure 2DCA/1 Aug. 29, 2019
Stephens v. Union Pacific Railroad
Plaintiff failed to create a genuine issue of fact on whether any asbestos exposure that might have occurred was a substantial factor in causing his disease, so his negligence claim failed.
Torts 9th Aug. 29, 2019